Last Updated March 08, 2019

Law and Practice

Author



Gilat, Bareket & Co., Reinhold Cohn Group is the leading intellectual property consulting firm in Israel and offers a broad range of related services and expertise, including protection, asset management, due diligence, litigation and legal services. The firm operates in all areas of IP, such as patents, trade marks, designs, copyrights, open source, plant breeders' rights, etc. The group includes the patent attorneys firm Reinhold Cohn & Partners and the law firm Gilat, Bareket & Co., which specialises in litigation and the legal protection of intellectual property rights in patents, technology, brands, designs, creative works and inventions. Gilat, Bareket & Co. employs 24 attorneys at law, several of whom also hold academic degrees in sciences. Key practice areas include filing suits for patent infringement in courts, representing clients before the Patents Registrar, rendering opinions regarding infringement and freedom to operate, and counselling on service intentions. The author would like to thank Keren Lindenfeld and Tomer Rosenfeld, present and past associate attorneys of Gilat, Bareket & Co., Reinhold Cohn Group, for their assistance.

A successful patentee in an infringement action is entitled to the remedies prescribed in the Patents Act, namely an injunction and damages, plus any other remedy the court may determine.

When ruling on damages, the court may take into consideration the acts of the infringer, the scale and magnitude of the infringing acts, profits made by the infringer, reasonable royalties that the infringer had to pay, if he or she was given a licence to exploit the patent. The foregoing list is not exhaustive.

The court may also rule for punitive damages for an amount that does not exceed the actual damages ruled (namely, double damages) where the infringement was committed after the patentee or the exclusive licence owner warned the infringer prior to the infringing act. As such, under some circumstances it is advisable to send warning letters to the alleged infringer prior to filing a suit.

As to the obligations of the patentee, he or she has to pay renewal fees only after the patent is granted. The fees payable and the periods of renewal are as follows:

  • first term (six years): USD222
  • second term (four years): USD443
  • third term (four years): USD665
  • fourth term (four years): USD1,109
  • fifth term (two years): USD1,552

It is also possible to pay the renewal fees in advance for the entire 20-year period with a slightly cumulative discount (USD3,325).

Note: All official fees are charged in Israeli new shekels (ILS). USD rates appearing in this review are approximate and calculated based on an exchange rate of ILS3.68 to USD1. Thus, adjustments may need to be made to reflect currency fluctuations. In addition, these fees are linked to the consumer price index.

Gilat, Bareket & Co., Reinhold Cohn Group

26A Habarzel Street
PO Box 13136
Tel-Aviv
Israel
6113101

+972 3 567 2000

+972 3 567 2030

info@gilatadv.co.il www.rcip.co.il/en/gilat-bareket/
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Author



Gilat, Bareket & Co., Reinhold Cohn Group is the leading intellectual property consulting firm in Israel and offers a broad range of related services and expertise, including protection, asset management, due diligence, litigation and legal services. The firm operates in all areas of IP, such as patents, trade marks, designs, copyrights, open source, plant breeders' rights, etc. The group includes the patent attorneys firm Reinhold Cohn & Partners and the law firm Gilat, Bareket & Co., which specialises in litigation and the legal protection of intellectual property rights in patents, technology, brands, designs, creative works and inventions. Gilat, Bareket & Co. employs 24 attorneys at law, several of whom also hold academic degrees in sciences. Key practice areas include filing suits for patent infringement in courts, representing clients before the Patents Registrar, rendering opinions regarding infringement and freedom to operate, and counselling on service intentions. The author would like to thank Keren Lindenfeld and Tomer Rosenfeld, present and past associate attorneys of Gilat, Bareket & Co., Reinhold Cohn Group, for their assistance.

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